TABASSUM SHAIKH Vs. SHAIKH S J SHAIKH

JUDGEMENT

(1.) THE plaintiff and defendant are Muslims and were married on 2nd May, 1997 according to Islamic Rites. At the time of the marriage, the plaintiff was a spinster and a minor aged about 15 years. Defendant was a bachelor aged about 22 years. It was an arranged marriage. According to the case pleaded in the plaint, it is stated that the plaintiff has been turned out of the matrimonial home. Whatever jewellery had been given to her by her parents has been taken away from her by the mother-in-law. All her clothes have also been taken away by the mother-in-law. The jewellery as well as the clothes are regularly used by the mother-in-law and the sisters of the husband who are frequent visitors in the matrimonial home. It is also stated that although the parents of the defendants knew that the plaintiff did not know anything about cooking, she was compelled to cook all the meals, wash the utensils, wash and iron the clothes, clean and sweep the whole house. This work used to start at 6 Oclock in the morning and would only end round about 2/3 Oclock in the following morning. Throughout the petition, the plaintiff has given graphic details of the maltreatment which she had to endure whilst in the matrimonial home. According to the plaintiff, the mother-in-law is a habitual drunkerd. She is also prone to become violent when she is in the state of intoxication. Allegations of infidelity have also been made by the sister-in-law of the plaintiff i. e. wife of the elder brother of the defendant. It is also stated that she has been mistreated because she did not bring sufficient dowry. Thus the plaintiff has prayed for dissolution of the marriage under Section 2 (VIII) (a) (d) (f) of the Muslim Marriage Act, 1939. The plaintiff has also narrated in the petition itself that after compelling her to leave the matrimonial home, defendant as well as his parents have not stopped the harassment. They are continuously ringing up the neighbour of the plaintiffs father and causing a general nuisance in the locality. The plaintiff has taken out this Notice of Motion for an injunction restraining the defendant from entering upon the plaintiffs parents residence or shouting or abusing or threatening the plaintiff or her parents. She has also claimed maintenance in the sum of Rs. 10,000/- per month.

(2.) IN paragraph 14 of the petition it is stated that the defendant and his family reside in a furnished flat of 3 bed rooms one hall one store room and kitchen at Vasundhara Apartment Flat No. 304 Station Road, Bhayandar (East), Dist. Thane. The defendant has 14 shops which are given on rent. He carries on business in the name of M/s. Johra Traders at Bhayandar. The business is of cement sand, tiles and flooring material as well as real estate business. He has two shops at Bhayandar, 2 shops at Mira Road, a plot of land in Malad near Chincholi Phatak which is zopadpatti of 80 tenants. In the building at Bhayandar where he resides, he has one shoe shop and one shop of eatables. The defendant is also constructing a building in Bhayandar (East) and owns 30 acres of cultivated land at village Sultanpura Benaras where wheat, rice, pulses etc. are cultivated. The defendant is also stated to have decoration business for marriages and functions. He also takes up contracts for road construction in the name of M/s. Nizammuddin Shaikh, who is elder brother of the defendant. The businesses are located in Mira Road, Bhayandar and Malad. Thus, according to the plaintiff, the defendant is earning about Rs. 80,000/- to Rs. 90,000/- per month.

(3.) INITIALLY an affidavit in support of the Notice of Motion was filed by the father of the plaintiff. Subsequently on the directions of this Court, an affidavit has been filed in support of the Notice of Motion on 3rd August, 1999 by the plaintiff herself. In this affidavit, the plaintiff has reiterated the averments made in the plaint. She specifically states that the defendant and his parents had no consideration for the tender age of the plaintiff and was forced to do all the household work like a maid servant. They also made constant demands for dowry and money.